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<br />81--~}02740 <br />Lender's written agrcement or applicable taw. Borrower shall pay the amount of all mortgage insurance premiums in the <br />manner provided under paragraph 2 hereof. <br />Arty atitounts disbursed by Lender pursuant to this paragraph 7, with interest !hereon, shall become additional <br />indebtedness of Harrower secured by this Mortgage. Unless Borrower and Lender agree to other arms of payment, such <br />amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the <br />date of disburxment at the rate payable ftgm time to time on outstandmg principal under the Note unless paytrtent of <br />interest at such tart would be contrary to applicable law, in which event such amounts shall bear interest at the highest rats <br />permissa"bk under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expenx ortake <br />any action hereunder. <br />8. ftrpectba. Lender may make or cause to be made reasanable entries upon and inspections of the Property, provided <br />that Lender shalt give Borrower natice prior to any such inspection specifying reasanable cause therefor related- to Lender's <br />interest in the Property. <br />9, CoadeatoNbn. The proceeds of any award or claim for damages. direct or consequential, in conntetion with any <br />condemnation or other taking of the Property. or part thereof. ar for conveyance in Lieu of condemnation. are hereby assigned <br />and shall be paid to Lender. <br />In the event of a total taking of the Property. the proceeds shall be applied to the sums secured by this Mortgage, <br />with the excess, if any. paid to Harrower. In the event of a partial taking of the Property, unless Borcower and Lender <br />otherwise agrce in writing. there shall he applied to the sums secured by this Mortgage such proportion of the proceeds <br />as is equai.to that proportion which the amount of the sums secured by this Mortgage immediately prior to the date of <br />taking hears to the fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds <br />paid to Borrower. <br />If the Property is ahandirned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make <br />an award ar settle a claim far damages. Borrower fails to respond to Lender within 30 days after the date such notice is <br />mailed. Lender is authorized to collect and apply the proceeds. at Lender's option. either [o restoration or repair of rite <br />Property ar m the sums secured by this Mortgage. <br />Unless Lender and Harrower otherwise agree in writing, any such application of proceeds to principal shalt not extend <br />or postpone the due date of the monthly installments referred to in para¢raphs I and 2 hereof or change the amounf of <br />such installments. <br />1®. 1orrower Not Released. Extension of the time for payment or modification of amortization of the sums secured <br />Fry this Mortgage granted by Lender to any successor in interest of Burrower shall not operate to release. in any manner, <br />the liability of [he original Borrower and Borrowers successors in interest. tender shall not F?e required to commence <br />proceedings against such successor ar refuse to extend time for payment nr otherwise modify amortization of the sums <br />secured by this Mortgage by reason of any demand made by the arieiral Borrower and Borrower's successors in interest. <br />11. Forbeu>mce by Lender Not a R'aiver. Any forbearance by Lender in exercising any right or remedy hereunder. or <br />otherwise afforded by applicable law, shall oat ;>e a waiver of nr preclude the exercise of any such right or remedy. <br />The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured b7 this Mortgage. <br />12. Remedtea Cumulative. All remedies provided in thin Mortgage arc distinct and cumulative to any other right ar <br />rcmed}' under this Mortgage n: afforded by law or cyuin-..,nd may he txeraced concurrently. independently nr successively. <br />13. Successors sad Assittrts Bonttd: Joint and Several Liab0lty: Captions. The covenants and agreements herein <br />comaitted shall bind, and the rights hereunder shall more tn. the respective suceessors and assigns of Lender and Borrower, <br />subject to the provisions of paragraph 17 hereof. .All covenants and agreements of Borrower shall be joint and severs}. <br />The captions and headings of the paragraphs of this Mortgage are for convenience only and art not to he used to <br />interpret or define the pravisiorts hereof. <br />Id. NoBee. Except for any natice reyuired under applicable law to he green in another manner, fa; any notice to <br />Borrower provided for in this Mortgage shall he given h} marling such rotict by certified moil addressed to Borrower at <br />the Property Address or at such Mher address as Borrower may designate by notice to tender as provided herein, and <br />(b) any notice to Lender shaft be given by certified mail return rete~pt requested, u- Lender'. address stated herein er to <br />such other address as Lender may designate by notice to Barrawrr as provided herein. ,Any natice provided for in this <br />Mortgage shall be deemed to have been givrn ro Borrower ar t.cndrr when gluon in the manner designated herein. <br />15. [ia)form Mottga~gr; (Governing Law; SeverabiHty. Thr; farm of mortgage combines uniform covenants far national <br />ate and non-uniform covenants with limited sariatinns t?y juriuiictian t. constitute a unifomr ~cuntp instrument covering <br />real property. This Mortgage shall be governed h} the Saw of the urisdiction in which the Property- is hxa[ed. In the <br />event that any provision ar clause of this Mortgage or the \ofe conflicts -.with applicable law, such conflict shall not affect <br />other provisions of this Mortgage or the Note which tan 6e eiven etTtcz without she conflicting t.rovision. and to this <br />end the provisions of the Mortgage and the More are declared to ht scverahte. <br />16. lorrower's Copy. Borrower shah :x furnished a conformed copy of the Note and of this Mortgage at the time <br />of execution or after recordaiioa hereof. <br />17. Traasftr of the Properly; Assumption. if al! or any p:+rt of the Prciprrry or en {merest therein is s~rid or transferred <br />by Borrower without tender's priar written consent. eacludivg tat the creation of alien or encumbrance suhardinate to <br />this Mortgage. (b) the creation of a purchase money seaxin~ interest for household appliances, (c) a transfer by devise, <br />descent ar by operation of law upon the death of a joint tenant or tilt the grant of am• Ic~sehald interest of three pears or less <br />not containing an option to aurchase. Lender may, at t.erder's option. declare all the sums xcured by this ?tortgage a? ce <br />immediately dux and payable. Linder shall have waived such option tx. accelerate if, prior to the sale or transfer. Lender <br />and the pecson to whom the Property is to be so{d or transferred reach agreement in wilting that the credit of such person <br />is satisfactor}• to Lender and that the interest payable tin the sua» secured by this \{nrrgage shall he at such rate as Lender <br />shall request. if Lender has waived the option to accelerate pmciclcd in this paragraph 17. and if Borrower's successor in <br />interest has executed a written assumption aitreement accepted in writing be Lender. Linder ,halt relcasr Borrower from alt <br />obligations under this Mortgage and the Note. <br />if Lender exercises such option, to accelerate. Lender shall mail &trruwer nouct of aeceleratian in accardartce with <br />paragraph 1~ hereof. Such notice shalt provide a perod of net less than 30 da}'c from the date the nutter is mailed within <br />which Borrower may pay the sums decl:trcd due. If Horroucr s"airs to pay such sums priar to the expiration of such prriad, <br />Lender may, without further notice or ckmand nn Harrower. ;nvoAe an5~ remedic, txrmated by paragraph IS hereof. <br />NON-UNIFORM Cove,teNTS. Harrower and lender further a.~s.aant and agree as tullaws'. <br />16. AccekrRtba; Rettaedies. Except as provided in paragraph 17 hereof, upon 8arroxers breach of say eoceaant or <br />agreeutent of 11)orrower iR this Mortgage, iocludiag the cotenant. to pay whru dot aa} sums secured by tlds Mortgage, <br />Leader prbr to acceleration stsrdi ma0 tatke to Borrower as provided in paragraph 14 lecreaf sptcifyityl: (li the brtuh: <br />(2j tot action required to cure such breach; t3) a data era! less than 3U days from the da.~ the ratite is mailed to Borrower. <br />by which torch breach mast be cared; sad (4) that failure to cure such breach o0 or 6efare the date speeitied in the notice <br />may rtaull IA accetenlNre of the sums stcurtd by thin 1lorfgage, forerlasure by judicial proreediag and talc of the Property. <br />Tfap aotke shi<fl fruttter inform 6orrowtr of the right W reinstate after acctltrafiurt a:ed it+e right to assert in the foteciusure <br />proceedis)G the etoatxhttuce of R defauN ar say other deftest of Borrower to acceleration and fattclosure: if the breach <br />k aW tared art or tieforc tbt bale upeeified ie the natice, Lender al fender's option mar declare all of the sumo secured be <br />161a Martsttte to be )matediattly due sad payable without fuAher demand and may farerhrse by judicial prareeding. leader <br />sgRU he entitkrd to collect in such proceeding RB expenses of foreciasnre, includhrg, bat oat )incited ro, casts of doruttcratary <br />eridcnee, tAhstracts Rod title «pwh. <br />19. /arrowe~tt Rigltl to 1Relastata Notwithstanding T.endee's accekratinu of [hc sums secured by this Mortgagt. <br />Borrower shall bout the right [n have any' proceedings begun by I_endt. to tn(arcr this AfortK:t);c dis4ontintttd at any unmt <br />